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Dec 9, 2013

Enforcement Decrees are Becoming more Common in South Korea

The Park Administration’s usage of enforcement decrees, an executive decision-making process that allows the administration to bypass the National Assembly, has been steadily increasing according to a new article from The Hankyoreh.

The article mentions that appeals filed at the Constitutional Court seeking relief from enforcement decrees have shot up from a low of 46 in 2006 to 87 in 2012. From the article:

"Enforcement decrees are often used to overpower the law for political ends. Perhaps the most prominent recent case of this was the decision to strip the Korean Teachers’ and Education Workers’ Union (KTU) of its legal status. That Oct. 24 decision by the Ministry of Employment and Labor was based on Article 9, Item 2 of the enforcement decree for the Trade Union and Labor Relations Adjustment Act, which states that an established union 'must be notified that it is not viewed as a labor union according to the law' if grounds for rejecting its application are discovered and it does not respond within 30 days to a request to take corrective action."

The article concludes with a quote by President Park Chung-hee, whereby he uses the term ‘administrative democracy’ to describe many of his actions.

AsiaLaw Leading Lawyer in Korea: Sean Hayes

About SEAN C. HAYES

NY Attorney Sean Hayes grew up in Connecticut and New York to an Irish-immigrant father and Italian mother. He is a U.S. and Irish National. He is a permanent resident of Korea.

Sean Hayes is the first and only non-Korean to be employed as an attorney by the Korean Court System and one of the first non-Koreans to be a full-time regular member of a Korean law faculty.

He is rated as one of only two non-Koreans as a Leading Attorney in Korea by LawAsia. He is, also, rated a leading attorney by numerous other attorney rating services.

He is known over his 14+ years in Korea for his aggressive advocacy and candid NY-style street-smart advice.

Sean is, also, one of the few attorneys in Asia that has experience managing non-consulting companies and working as an HR Manager. He worked as an interim General Manager/Director for Oil & Gas, New Tech, Pharmaceutical, Franchise and Manufacturing companies.

He regularly appears in and is quoted by international media organizations including the NY Times, Wall Street Journal and international law journals.

In his free time Sean enjoys playing golf, drinking beer and carousing with his rowdy friends.

ABOUT IPG Sean's firm is, often, chosen over the ubiquitous Korean Law Firms when un-conflicted and aggressive representation is essential for success.

Sean and his Firm have been recognized by numerous legal publications and rating agencies.

Sean and IPG have, also, been involved in some of the most noteworthy contentious matters via arbitration and litigation in Asia in Korea, China, Vietnam, Laos, Myanmar, Bangladesh, Cambodia, the Philippines and the United States.